A passport may not be issued to an individual who is convicted of an offense described in subsection (b) of this section during the period described in subsection (c) of this section if the individual used a passport or otherwise crossed an international border in committing the offense.

(2) Passport revocation

The Secretary of State shall revoke a passport previously issued to an individual who is ineligible to receive a passport under paragraph (1).

(b) Drug law offenses

(1) Felonies

Subsection (a) of this section applies with respect to any individual convicted of a Federal drug offense, or a State drug offense, if the offense is a felony.

(2) Certain misdemeanors

Subsection (a) of this section also applies with respect to an individual convicted of a Federal drug offense, or a State drug offense, if the offense is [1] misdemeanor, but only if the Secretary of State determines that subsection (a) of this section should apply with respect to that individual on account of that offense. This paragraph does not apply to an individual’s first conviction for a misdemeanor which involves only possession of a controlled substance.

(c) Period of ineligibility

Subsection (a) of this section applies during the period that the individual—

(1)is imprisoned, or is legally required to be imprisoned, as the result of the conviction for the offense described in subsection (b) of this section; or

(2)is on parole or other supervised release after having been imprisoned as the result of that conviction.

(d) Emergency and humanitarian exceptions

Notwithstanding subsection (a) of this section, the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual with respect to whom that subsection applies.

(e) Definitions

As used in this section—

(1)the term “controlled substance” has the same meaning as is provided in section 102 of the Controlled Substances Act (21 U.S.C. 802);

(C)subchapter
II of chapter
53 of title
31 (commonly referred to as the “Bank Secrecy Act”), or section
1956 orsection
1957 of title
18 (commonly referred to as the “Money Laundering Act”), if the Secretary of State determines that the violation is related to illicit production of or trafficking in a controlled substance;

(3)the term “felony” means a criminal offense punishable by death or imprisonment for more than one year;

(4)the term “imprisoned” means an individual is confined in or otherwise restricted to a jail-type institution, a half-way house, a treatment facility, or another institution, on a full or part-time basis, pursuant to the sentence imposed as the result of a conviction;

(5)the term “misdemeanor” means a criminal offense other than a felony;

(6)the term “State drug offense” means a violation of State law involving the manufacture, distribution, or possession of a controlled substance; and

(7)the term “State law” means the law of a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.

The Controlled Substances Act, referred to in subsec. (e)(2)(A), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (§ 801 et seq.) of chapter
13 of Title
21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section
801 of Title
21 and Tables.

The Controlled Substances Import and Export Act, referred to in subsec. (e)(2)(A), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (§ 951 et seq.) of chapter
13 of Title
21. For complete classification of this Act to the Code, see Short Title note set out under section
951 of Title
21 and Tables.

Prior Provisions

A prior section 42 of act Aug. 1, 1956, was renumbered section
43 by section 4603(1) ofPub. L. 100–690, and subsequently renumbered, and set out as a Short Title of 1956 Amendment note under section
2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1),Oct. 28, 1991, 105 Stat. 654.